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HomeMy WebLinkAbout08-24-1983 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: I·Vednesday, August 24, 1983 - 7:30·p.m. PLACE: City Council·Chambe·r·s, 13777 Fruitvale. Avenue, Saratoga, CA TYPE: Regular Mee·t·i·ng ROUTINE ORGANIZ'ATION Roll Call Present: Commissioners ·Crowthe·r, Hlava, ?4cGoldrick, and Nellis Absent: Commissioners Schaefer and Siegfried Minutes The following change was made to the minutes of August 16, 1983: The last sentence in the· first paragraph under UP-537 should read: "They reported that the neighbors across the street were notified of the full scope of the appli- cation." Commissioner Hlava moved to wa·ive the reading of· the minutes of August 2, 1983, August 10, 1983 and August 16, 1983 and approve as amended. Commissioner·McGoldrick seconded the motion, which was carried unanimously. CONSENT CALENDAR Commissioner Crowther· removed Item No. 2, A-711, from the Consent Calendar, stating that he would abstain on the voting on this item because of pending litigation. Commissi·oner McGoldrick moved to approve the balance listed below. Commissioner Hlava seconded· the motion, which was carried unanimously 4-0. 1. SDR-1259 - Joseph and Sandra Politi, Pike Road, Request for Reconsidera- tion of Improvement Agreement 3. Richard Amen, 14034 Palomino Way, Request for Site Modification to con- struCt a spa 'and p'ond It was determined that there Was a quorum of the Commission present for con- ducting business and the vot'ing.on A-711 could proceed even though Commis- sioner Crowther had indicated· he Would abstain on the matter. Commissioner Hlava moved to approve A-711, Phillip· Will·i·ams·, D·es·ign Review Approval Modifi- cation. Commissioner McGol·driC~ seconded the motion·, which was carried 3-0, with Commissioner Crowther abstaining. BUILDING SITES/SUBDIVISIONS 2a. Negative Declaration - SDR-154I·- ·Car·son Heil 2g·Z·~SDR-t541 - Carson Heil, 14781 Farwell, Tentative Building Site Approval, ..... 1 lot, and Site Modification Approval for addition on over 10% slope; continued from AuguSt 10, 1983 Staff reported that the applicant had requested that the Tentative Building Site App~6vati~.ap·plication be continued to September 14, 1983 and is now requesting a decision on the Modification to the Site Development Plan. They explained the changes that had been received and described the proposal for the expansion. F.~r. Heil, the applicant, indicated that he would rescind the property line even with the 49% expansion. He commented that he would like a-variance to build the garage on the other side of the creek. Discussion followed on the Staff Report. Commissioner Crowther moved to approve the Site F4odification subject to Exhibit "C" and the Staff Report dated July 8, 1983, revised to delete any refe·rence to the rear yard setback. Commissioner McGoldrick seconded the motion, which was carried unanimously 4-0. It was directed that the Tentative Building Site Approval for SDR-1541 be continued to September 14, 1983. - 1 - Planning Commission Page 2 Meeting Minutes 8/24/83 PUBLIC ItEARINGS S. A-901 Dr. David Eby, 20819 Meadowoak Road, Request for Design Review Approval to construct an 83 foot expansion to an existing second story Commissioner Hlava gave a Land Use Committee report, stating that there are no privacy impacts since the home 'is 'surrounded by tall trees and there are no windows on the addition. The public hearing was opened at 7:48 p.m. Mr. Eby. submitted letters from the surrounding neighbors in support of the project. Commissioner Hlava moved to close the public hearing. Commissioner Crowther seconded the motion, which was carried unanimously. Commissioner Crowther moved to approve A-901 per the Staff Report dated August 15, 1983 and Exhibits "B" and "C" Commissioner McGoldrick seconded the motion, which was carried unanimously 4-0'.' 6a. SDR-1545 Warren Sturla, Request for Tentative Building Site Approval 6b. V-615 - and Design Review Approval for four' (4) office condominiums 6c. A-900 - and Variance Approval for compact parking and setbacks for a wall exceeding 40 feet in length, at the southwest corner of 'Cox Avenue' and Saratoga Creek Drive in a P-A zoning district The public hearing was opened at 7:49 p.m. No one appeared to address the Commission, and it was directed that this item be continued to September 28, 1983. 7a. SDR-1546 - ttoward Jameson, Request fo.r Tentative Building Site Approval 7b. V-617 If0~"0~e~ 50% expansion of existing house and Variance Approval for a two foot sideyard setback where 10 feet is required, at 18628 Paseo Lado A Land Use Committee report was given by Commissioner Hlava. She indicated that the garage is within 2 feet from the lot line and stated that this was not an unusual situation in the neighborhood, since many homes had been expanded. Commissioner McGoldrick noted the other two-story homes in the area. Staff clarified that the_ two-story aspect of this application is not being reviewed at this time, only the variance on the garage and site approval for an over 50% expansion. TheX noted that the variance is not only for a 2 ft. setback on'the side but a 20/:ft. setb~·ck in the rear. The public hearing was opened at 7:55 p.m. Mr. Jameson commented that the adjacent neighbor is in support of the pro- posal. Commissioner Hlava moved to close the public hearing. Commissioner McGoldrick seconded the motion, which was carried unanimously. Commissioner Hlava moved to approve V-617 per the Staff Report dated August- 18, 1983 and Exhibit "B", making the findings. Commissioner McGoldrick seconded the motion, which was carried unanimously 4-0. Commissioner Hlava moved to approve SDR-1546, per the Staff Re~ort dated August 18, 1983 and Exhibit "B". Commissioner McGoldrick seconded the motion, which was carried unanimously 4-0. 8. UP-538 - Joseph Montgomery, Request for Modification of Use permit Approval to allow kitchens in more than 50% of the units at 14950 Vickery Avenue Staff explained the application. The public hearing was opened at 7:58 p.m. Gerald Butler addressed the Commission:, stating that he lives across the street from the lodge and is against the application. He commented that the lodge is-not in conformance with the zoning in that area. He added that there should be a plan to scale showing how many units and kitchens the lodge has. Mr. Butler indicated that ·he plans to build across the street and the property..value should be considered. He added that he is against any future expansion', citing problems wi·th traffic, noise and the location of the ,~.Pianning Commission Page 3 "Meeting Minutes 8/24/83 UP-538 (cont.) garbage dumpster. He commented that the whole neighborhood in general is against this application and they feel there should only be 9 kitchens. Doug Adams, 20522 Lomita, stated that the lodge is a good neighbor and there have been no problems with traffic. Joe Montgomery, the applicant, gave the history of the lodge and discussed the operation. He indicated that the units are permanent rentals on a month-to- month basis. He addressed the location of the dumpster and added that it will be screened off. Discussion was held on the type of screening. Mr. Montgomery questioned the condition requiring a loading berth, and it was the consensus of the Commission that this would not be ne.eded. Mr. Montgomery described the kitchens and commented that'he feels the lodge is providing a needed and valu- able service to Saratoga. Judith Butler spoke against the applicat'ion, discussing the garbage and dump- ster-. She urged the Commission to put some kind of restriction on the lodge 's.o that it will not get any larger when the applicant sells it. Commissioner McGoldrick moved to close the public hearing. Commissioner Crowther seconded the motion, which was carried unanimous.ly. Discussion followed on the use and the density. Commissioner Hlava pointed out that the lodge has been ther'e a number of years and the only complaint has been that of the Butlers. She noted that the health-inspector did not find any grounds for complaint when they previously inspected the lodge. Discussion followed on restricting the operation of the lodge and the possibility of having a new owner reapply. The City Attorney explained that the use permit runs with the land. He indicated that the Commission could restrict the use permit to 18 units with no more than 13 kitchens or they could put a timeframe for review if they wish further review. Commissioner Crowther moved to approve UP-538, Per the Staff Report dated August 19, 1983, eliminating Condition No. 3 and amending Condition No. 1 to read: No more than 18 units and 13 kitchens shall be allowed on the property. Commissioner Hlava seconded the motion. The definition of "hotel" was discussed. Staff-was requested to.~esearch the matter and come back with a proper term for i'tHi'~'.tyDe"d'f'op~'r'at'i'0n~.~'.'C~:~H~"~'S'ioner Crowther modified his motion to add "quiet residential" to the word "hotel" ~n Condition 1 and in the first paragraph of the Staff Report. Commissioner Hlava accepted the modification. The motion was carried unanimously 4-0. 9. UP-539 - Sachi and Tatsuko Adachi (Dr. David Wetterholt), Request for Use Permit Approval for a walk-in clinic to treat minor emergencies and medical illnesses at 12222 and 12224 Saratoga--Sunnyvale Road, in a C-V zoning district Staff described the proposal and Commissioner Hlava gave a Land Use Committee report. The public hearing was opened at 8:40 p.m. Kathryn Wilkinson, President of the Park'Saratoga Homeowners Association, stated that she had presented the two letters that Dr. Wetterholt had written to the association. She submitted a petition signed by 42 residents opposing the clinic. She cited the following reasons: (1) The private street Atrium is now being heavily used and this would aggravate the situation, (2) non-resident traffic, (3) hours to 10:00 p.m.:'.,~L'.~ (4) other communities will be using the clinic, and (5) it will intensif~ deterioration of residential property. She noted that they now have trouble with maintenance and cleanup of the grounds. She indicated that an earlier closing hour would be more acceptable but questions the real need for the clinic to be placed in this shopping center. Commissioner Nellis suggested that the Homeowners Association draft a letter to the City Which could be reviewed, and the' use permit on the whole shopping center could'be reviewed regarding the' concerns. Ms. Wilkinson stated that they would send a letter with 'a specific list of complaints. Jerry Jones, a resident on the' board of Park Saratoga Homeowners Association, stated that they had been told there would not be unusual rentals without their prior approval. He noted' the troubles' they now have with the pizza parlor and .,~. Pianning Commission Page 4 ~Meeting Minutes 8/24/83 UP-539' (cont.) expressed concerns of traffic, noise, vandalism, hours of operation and lack of maintenance. Susan Parks, 12245 Atrium Circle, spokeiin opposition to the proposal. She cited noise and traffic as concerns. She questioned the 'viability of the clinic if the hours were restricted. Dr. Wetterh01t described the proposed operation, noting the letters he had written to the Homeowners Association. He discussed the timeframe of the operation. 'Lance Dorsey spoke in support of the proposal, stating that he feels the problem is the existing traffic. Commissioner McGoldrick moved to close the public hearing. Commissioner Hlava seconded the motion, which was carried unanimously. Restriction on permitted uses was discussed. The City Attorney commented that under the use permit for the shopping center any occupant coming in needs to get approval. It was directed that a study session will be held on September 20, 1983 to review both this proposal and the 'use permit for the center. The public hearing on UP-539 was continued to September 28, 1983. MISCELLANEOUS 10. UP-531 Martin Oudewaal, 14629 Big Basin Way, Request for Use Permit to allow 'the construction of condominiums in the C-V (Visitor-Com- mercial) zoning dis'trict (Referral from City Council) Commissioner Nellis explained that this matter had been referred from the City Council for the Commission's comments and recommendation. He summarized the concerns, i.e., the single long dwelling, the massiveness, the amount of lot used, compatibility, bulk and encroachment on the creek bank. He noted the changes that have been made to the plans: (1) the number of units reduced to 3, (2) reduction of height to 20 ft., (3) size, (4) entry stairway, (5) front set- back, and (6) parking. Staff pointed out that the exhibits submitted show the height at approximately 21 and 23 ft. The current proposal was discussed. Martin Oudewaal, the applicant, clarified that the height of the structure will be 20 ft. He added that the' height of the tower is only important for the design of the building and can be lowered. Mary Boscoe, of Stone Pine Condominiums,.stated that the coverage of the lot is still basically the same and the building is still straight up and down. The setbacks and the solar shade study were discussed. Ms. Boscoe indicated that they lose their sun about 1:00 p.m. and commented that any two-story building on that lot will encroach on their light. She addressed-the Negative Declaration and indicated that she felt circumstances have changed with the last winter and it should be revised. She submitted pictures of slides in the area. Ms. Boscoe asked for a continuance of the matter to allow her time to review the City Geologist's report and some of'-the other information. Commissioner Nellis explained that the public hearing on the appeal has been continued by the City Council fo September 7th, and therefore the Commission will be review- ing the matter this evening and passing their comments and recommendation to them. He added that Ms. Boscoe could pass on any additional information to the Council at the public hearing. Ms. Boscoe commented that the project was reducing their light and privacy and quoted the Land Use Goals and Policies. It was noted by Commissioner Nellis that both the Goals and Policies and the ordinances~ are addressed. by the City when reviewing a project. Lynn Gillmartin Lindsey, of Stone Pine Condominiums, stated that ~he structure is still massive.' She indicated that she felt the tower should be eliminated 'and the project is not in keeping with the design of the Village. She expressed a concern regarding her loss of privacy and stated that she feels the size is too great for condominiums. If approved, she added, she would like materials keeping with 'the Village. Mr. Oudewaal stated that he is allowed to build a two-story building on this - 4 - · : Planning Commiss ion Page "'Meeting ~..'Iinutes 8/24/83 UP-531 (cont.) site. He commented that if he does not build the condominiums he would have to gO back to a commercial buil'ding. He added that he is meeting all of the requirements of the City. Staff noted that commercial setbacks are less than residential setbacks. Commissioner Crowther commented that he likes the design of the building; how- ever, one of the things that makes· the project so'intense is that the large area in the back is not being used and the smaller part of the site is being used too intensely. The creek· area·was discussed. Commissioner Crowther added that he does not like deviating from the ordinance on the side yard setbacks. Commissioner McGol·drick commented that she appreciates the attempt by th~ applicant to solve the problems, but she does not believe they are being solved. She stated that she can't imagine asking anyone to give up that much of the daylight. She' added that she feels that the structure could be two-story if it were set further a~vay from the adjacent property. She commented that it would then be a smaller size but i't would still be viable and the applicant would not be prevented from building what he wants. Commissioner Hlava agreed that the building is too big for the size of the lot and the use too intense. She commented.that she feels three condominiums is appropriate density, but thinks it would be ~ossible to build three on this particular lot without losing so much sun by making them somewhat smaller. Commissioner Nellis agreed, stating that the size of the lot is too small to put this size of structure on it. He commented that the neighbors will have no view and the privacy impacts are still going to be there. He added that he personally would not want to see that type of st·ructure in his back yard so close to h~s property line. He indicated that he cannot support this use on this site, and the only way he could accept it would be if it were a single story. Commissioner Crowther moved to recommend to the City Council that they not approve UP-531 as modified, and that the comments of the Commission be trans- mitted to·the City Council so they ha~e ·a strong feeling of the Commission's thoughts. Commissioner McGoldrick seconded the motion, which was carried unanimously 4-0. COmmUNICATIONS Oral 1. A brief report was given on the City Council·meeting held on August 17, 1983. A copy of the· minutes of this meet·ing is on file in the City Administration Office. 2. Commissioner Nellis thanked the· Good Government Group for attending the meeting and serving coffee and the S'ar·atoga NeWs for attending. ADJOURNMENT Commissioner Hlava moved to adjourn the meeting. The motion was seconded by Commissioner McGoldrick and was carried unanimously. The meeting was adjourned at 10:48 p.m. = Secretary RSS:cd